Editorial
| DOI | https://doi.org/10.1108/14668203200300001 |
| Pages | 2-4 |
| Published date | 01 February 2003 |
| Date | 01 February 2003 |
| Author | Stuart Connor |
| Subject Matter | Health & social care,Sociology |
2© Pavilion Publishing (Brighton) Limited The Journal of Adult Protection Volume 5 Issue 1 • February 2003
Editorial
Adult protection continues to be informed by
a diverse number of perspectives and discrete
areas of work. One of the aims and functions
of this journal is to reflect this diversity and,
by drawing on it, provide a forum for
advancing research, policy and practice.
Although this diversity can be seen as a
vital resource and should be welcomed, it
does have its costs. Adult protection can be a
complex area of work. A variety of situations
and a diversity of behaviours can be
subsumed under the general heading of
abuse. Adult protection crosses professional
and organisational boundaries. At every level
it would appear that adult protection requires
an interdisciplinary approach. Under such
circumstances a search for some sense of
commonality that can bind together what
adult protection means may be considered
desirable and understandable. In this search a
human rights perspective may be a candidate
for such a common thread.
In the UK, in the absence of a written
constitution it has not always been clear what
to do when unwritten liberties come into
conflict with other laws. Since the European
Convention on Human Rights (EHCR)
entered into force in 1953, in the UK attempts
have been made to comply with the
Convention rights. Although the UK ratified
the EHCR, it has not been a full part of UK
law. Therefore, using the Convention usually
meant taking a case to the European Court of
Human Rights in Strasbourg – frequently an
expensive and time-consuming affair.
The Human Rights Act 2002 represents a
major shift in how the UK political and legal
system works. The key principle of the Act is
that wherever possible there should be
compatibility with the Convention rights.
The Human Rights Act has made rights from
the ECHR enforceable in UK courts, and gives
a clear legal statement concerning people’s
basic rights and fundamental freedoms.
With respect to adult protection, worthy of
note is the potential of the Human Rights Act
to build confidence in public bodies and
safeguard the interests of individuals. It is
envisaged that over time the Human Rights
Act will help build a shared understanding of
what is fundamentally right and wrong and
encourage more openness and participation
in democracy. The Act means that all public
bodies must ensure that everything they do is
compatible with Convention rights unless an
act of parliament makes that impossible. It is
envisaged that shared, basic values in the
Human Rights Act will help promote a greater
unity in a multi-cultural society and that
public confidence in state bodies will grow
because of an increased awareness that
human rights should be the benchmark of all
that they do.
Although the Human Rights Act enshrines
what is fundamentally right and wrong, it
would be wrong to assume the Convention
rights and Human Rights Act embodies an all-
encompassing and definitive authority on
individual cases. The ECHR and the Human
Rights Act need to be interpreted. In the
words of the European Court of Human
Rights, the Convention rights are a ‘living
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